Copyrights, Patents, Trademarks and Service Marks
This document provides useful information on copyrights, patents, trademarks and service marks.Overview
Copyrights protect literary, artistic, and musical works and are registered with the federal government. Patents protect inventions and improvements to existing inventions and are registered with the federal government. Trademarks/service marks are brand names and/or designs that are applied to products or used in connection with services and are registered with the federal government and can be registered in New York State.
COPYRIGHT
Copyrights provide protection to authors of original works including literary works; dramatic works; musical works; pantomimes and choreographic works; pictorial, graphic and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. Copyrights do not protect facts, ideas, titles, names, short phrases, slogans, systems, or methods of operation. Copyright protection starts the moment the original work is created and fixed in a tangible form so that it is perceptible either directly or with the aid of a machine or device. This protection is available to both published and unpublished works. A copyright generally gives the owner of the copyright the exclusive right to do and to authorize others to do the following: reproduce the work; prepare derivative works based upon the work; distribute copies or phonorecords of the work; perform and/or display the work publicly; and in the case of sound recordings, perform the work publicly by means of a digital audio transmission.
Registration of the original work is recommended with the U.S. Copyright Office but is not a requirement. Registration establishes a public record; gives prima facie evidence in a court of law if registered within five years of publication; may help with statutory damages and attorney's fee in court actions; and gives protection with the U.S. Customs Service against importation of infringing copies. A copyright registration is effective on the date the U.S. Copyright Office receives all the required elements. The U.S. Copyright Office recommends submitting the registration by registered or certified mail and to request a return receipt. Normal processing time takes approximately five to six months.
To obtain information on copyright law, current fees, registration requirements and forms, circulars, etc., contact the Library of Congress, Copyright Office or visit their website.
PATENTS
A patent gives the inventor the property right to exclude others from making, using, selling, or importing the invention in the United States. The federal government grants patents to true inventors. In return for this legal protection, an inventor must fully disclose the invention to the public. Methods of doing business, an idea or suggestion, or printed matter cannot be patented. The term length of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed. There are three types of patents. A utility patent is granted on any new useful process, machine, or composition of matter. A design patent protects the ornamental design for an article of manufacture. A plant patent is granted on any distinct and new variety of an asexually reproduced plant, including cultivated mutants, hybrids, and newly found seedlings.
There are two ways to apply for a patent in the United States. A non-provisional application begins the examination process that may lead to a patent, or a provisional application that establishes a filing date but does not begin the examination process. A provisional application provides the inventor with a one-year period to further develop the invention for marketability, funding or capital, or licensing agreements. In using a provisional application, the inventor must file a non-provisional application within 12 months of the filing date of the provisional application. There is a required filing fee that must accompany both types of applications. The filing fee schedule changes every October.
To obtain general information about patents, contact the U.S. Office of Patents and Trademarks or visit their website.
TRADEMARK/SERVICE MARK
A trademark is any word, name, symbol or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. A service mark is the same as the trademark except that it identifies and distinguishes the source of a service rather than a product, and to indicate the source of the services. The terms trademark and servicemark are commonly referred to interchangeably as trademark or mark.
A trademark/service mark may be used to prevent others from using a confusingly similar mark, but does not prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks/service marks that are used in interstate or foreign commerce may be registered with the federal government but is not a requirement. The benefits of registering with the federal government are: nationwide constructive notice, evidence of ownership, jurisdiction of federal courts may be invoked, registration can be used as a basis for obtaining registration in foreign countries, and registration may be filed with the U.S. Customs Service to prevent importation of infringing foreign goods.
To obtain general information on federal trademarks/service marks, contact the U.S. Office of Patents and Trademarks or visit their website. The booklet, Basic Facts About Trademarks can also be obtained through the U.S. Office of Patents and Trademarks by clicking on the link below. This booklet contains detailed information on the registration process.
Registering in New York provides protection by not allowing any subsequent applicants with an identical mark and purpose from filing with the NYS Department of State. Registering a trademark or service mark in New York State is optional because no New York State law mandates registration. For more information on registering in New York, contact the NYS Department of State, or visit their website.
COPYRIGHT
Copyrights provide protection to authors of original works including literary works; dramatic works; musical works; pantomimes and choreographic works; pictorial, graphic and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. Copyrights do not protect facts, ideas, titles, names, short phrases, slogans, systems, or methods of operation. Copyright protection starts the moment the original work is created and fixed in a tangible form so that it is perceptible either directly or with the aid of a machine or device. This protection is available to both published and unpublished works. A copyright generally gives the owner of the copyright the exclusive right to do and to authorize others to do the following: reproduce the work; prepare derivative works based upon the work; distribute copies or phonorecords of the work; perform and/or display the work publicly; and in the case of sound recordings, perform the work publicly by means of a digital audio transmission.
Registration of the original work is recommended with the U.S. Copyright Office but is not a requirement. Registration establishes a public record; gives prima facie evidence in a court of law if registered within five years of publication; may help with statutory damages and attorney's fee in court actions; and gives protection with the U.S. Customs Service against importation of infringing copies. A copyright registration is effective on the date the U.S. Copyright Office receives all the required elements. The U.S. Copyright Office recommends submitting the registration by registered or certified mail and to request a return receipt. Normal processing time takes approximately five to six months.
To obtain information on copyright law, current fees, registration requirements and forms, circulars, etc., contact the Library of Congress, Copyright Office or visit their website.
PATENTS
A patent gives the inventor the property right to exclude others from making, using, selling, or importing the invention in the United States. The federal government grants patents to true inventors. In return for this legal protection, an inventor must fully disclose the invention to the public. Methods of doing business, an idea or suggestion, or printed matter cannot be patented. The term length of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed. There are three types of patents. A utility patent is granted on any new useful process, machine, or composition of matter. A design patent protects the ornamental design for an article of manufacture. A plant patent is granted on any distinct and new variety of an asexually reproduced plant, including cultivated mutants, hybrids, and newly found seedlings.
There are two ways to apply for a patent in the United States. A non-provisional application begins the examination process that may lead to a patent, or a provisional application that establishes a filing date but does not begin the examination process. A provisional application provides the inventor with a one-year period to further develop the invention for marketability, funding or capital, or licensing agreements. In using a provisional application, the inventor must file a non-provisional application within 12 months of the filing date of the provisional application. There is a required filing fee that must accompany both types of applications. The filing fee schedule changes every October.
To obtain general information about patents, contact the U.S. Office of Patents and Trademarks or visit their website.
TRADEMARK/SERVICE MARK
A trademark is any word, name, symbol or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. A service mark is the same as the trademark except that it identifies and distinguishes the source of a service rather than a product, and to indicate the source of the services. The terms trademark and servicemark are commonly referred to interchangeably as trademark or mark.
A trademark/service mark may be used to prevent others from using a confusingly similar mark, but does not prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks/service marks that are used in interstate or foreign commerce may be registered with the federal government but is not a requirement. The benefits of registering with the federal government are: nationwide constructive notice, evidence of ownership, jurisdiction of federal courts may be invoked, registration can be used as a basis for obtaining registration in foreign countries, and registration may be filed with the U.S. Customs Service to prevent importation of infringing foreign goods.
To obtain general information on federal trademarks/service marks, contact the U.S. Office of Patents and Trademarks or visit their website. The booklet, Basic Facts About Trademarks can also be obtained through the U.S. Office of Patents and Trademarks by clicking on the link below. This booklet contains detailed information on the registration process.
Registering in New York provides protection by not allowing any subsequent applicants with an identical mark and purpose from filing with the NYS Department of State. Registering a trademark or service mark in New York State is optional because no New York State law mandates registration. For more information on registering in New York, contact the NYS Department of State, or visit their website.
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